Database Search Result Details
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First Name
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Terry
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Last Name
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Parsons
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Decision Date
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7/2/2020
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Docket Number
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2019-0815-DOT
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ALJ
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LRB
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Respondent
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Division of Highways
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Employment Type
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STATE
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Job Title
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Transportation Worker 3
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Topics
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Selection; Promotion
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Primary Issues
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Whether Grievant established an actionable grievance by a preponderance of the evidence.
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Outcome
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Failure to State Claim; Untimely
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Statutes
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W. Va. Code § 6C-2-1; W. Va. Code § 6C-2-3(a)(1)
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Related Cases
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Harvey v. W. Va. Bureau of Emp’t Programs, Docket No. 96-BEP-484 (Mar. 6, 1998); Whalen v. Mason County Bd. of Educ., Docket No. 97-26-234 (Feb. 27, 1998); Payne v. Div. of Juvenile Serv., Docket No. 2017-1436-MAPS (May 8, 2017)
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Keywords
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Motion to Dismiss; Timelines; Relief; Selection; Promotion Discrimination; Arbitrary and Capricious
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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Grievant is employed by Respondent as a Transportation Worker and grieves his non promotion to crew chief. Grievant alleges a pattern of discrimination or favoritism as the reason for his non-selection to the position. Respondent requests the dismissal of this matter and disputes any malfeasance. Grievant did not appropriately establish an incident that timely constitutes a proper grievance. Further, Grievant failed to prove discrimination, favoritism, or that Respondent’s actions were in violation of any applicable rule or regulation. It is established by a preponderance of the evidence that Respondent’s motion to dismiss is meritorious. Accordingly, Respondent's “Motion to Dismiss” is Granted and this grievance is dismissed from the docket of the Grievance Board.
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